Can I sue for incurring damages from using Posicor from me which was prescribed by my Physician?
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Mr. Phillips' wife was treated for atrial fibrillation, angina and other cardiac problems and was prescribed Posicor, a calcium channel blocker, by her physician. Three weeks later, her husband found her unconscious, and it was later found that she had sustained severe brain injuries as a result of her use of the drug. What can he sue for?
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Mr. Phillips can sue the product manufacturer for loss of consortium, strict liability, breach of warranty, failure to warn of known or reasonably knowable side effects and negligence. Most jurisdictions require that a risk-utility analysis be performed before a plaintiff suing for products liability may recover. A manufacturer cannot avoid strict liability unless, at the time of the product's distribution, the product's benefits outweigh its known risks. Tansy v. Dacomed Corp., 1994 OK 146, 890 P.2d 881, 886 (Okla. 1994). The manufacturer's product must contain proper warnings and directions and be properly-prepared. In Toner v. Lederle Laboratories, 112 Idaho 328, 732 P.2d 297, 306 (Idaho 1987), the court in stated that society's interests are not "served by an unavoidably unsafe product with limited benefit that is predominantly detrimental to public safety".
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Posted by Yara Zakharia on 21 Jan 2010
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